TERMS AND CONDITIONS
2. Payment Terms. Payment of the full purchase price for the Products (i.e., the method of payment and due date) shall be due in accordance with the specifications appearing on the order confirmation. Buyer shall pay any and all shipping, transportation, freight, rigging, delivery and/or drayage costs, as well as any and all other costs associated with the shipping and/or delivery of the Products purchased pursuant to this Agreement.
3. Delivery. Buyer will be notified of the approximate delivery and arrival date(s) of the items of Products ordered, but Seller does not guarantee nor warrant a particular day of delivery. Delivery is contingent upon credit approval and/or adequate prior financial arrangements, if applicable. Buyer’s requests for delivery rescheduling may be granted in Seller’s sole and absolute discretion. Delivery of Products to a common carrier, licensed trucker, or vessel shall constitute delivery to Buyer. Accordingly, title to the Products and risk of loss shall pass to the Buyer upon Seller’s delivery of Products to such common carrier, licensed trucker, or vessel. Seller shall not be liable for any delivery or shipping delays which arise from but which are not limited to the following: fire, explosion, flood, storm, acts of God, governmental acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, transportation contingencies, difficulty in obtaining supplies or shipping facilities or delay of carriers.
4. Acceptance. Zen Magnets has a no-hassle return policy. No purchase is complete until you are satisfied. If for any reason you decide to not keep the merchandise you can return it within thirty (30) calendar days from delivery of the Products to Buyer, in its original box, packing material, and in resalable condition, for a full refund of the purchase price (shipping, insurance and handling are not refundable). Returned orders which qualified for free shipping will have the shipping charges deducted from the refund amount. Returned orders must be accompanied by all FREE items which may have been included with the order – any missing items will be deducted from the refund amount based on the items value as stated on the website. Damaged or missing goods not in original shipped condition will be deducted from the refund total. Buyer’s failure to return any Products within the thirty (30) days constitutes unequivocal acceptance of the Products. Custom magnets and items sold as “clearance” or “liquidation” are non-refundable. Buyer must request a Return Merchandise Authorization (RMA) number before returning package by emailing firstname.lastname@example.org or the return package will be rejected.
5. No Offset. Payment of the purchase price and all sums due to Seller shall be made in full pursuant to the terms herein without any deduction, credit or offset. Buyer’s failure to pay the full amount when due, without deduction, offset or credit, shall be a material breach of the Agreement.
6. Indemnity. The Buyer certifies that they are 18 years of age and understands that NdFeB magnets and all Products purchased from Zen Magnets can be very dangerous. Buyer shall and does hereby agree to defend, indemnify and hold Seller harmless of and from any and all liability loss, cost, injury, damage, demand and expense (including, without limitation, reasonable attorneys’ fees) of any kind whatsoever arising out of, on account of, or in connection with a breach of this Agreement and/or any use or misuse of the Products. This indemnity shall not be affected or terminated by reason of the termination of this Agreement or purchase, for any reason, with respect to all or any part of the Products.
7. Cancellations and Returns. Purchase orders submitted by Buyer are not subject to cancellation by Buyer. In the event Seller, in its sole discretion, allows the return of any Products purchased pursuant to this Agreement, Buyer shall be obligated to pay a restocking charge equal to $3 OR 15% of the price paid (whichever is higher) and any transportation charges or other applicable expenses incurred in the shipment of such other non-Seller products between Seller and Buyer. In the event the return of Products includes other products, not sold by Seller, then Seller at its sole option may dispose of such. Please see further details under ACCEPTANCE above.
8. Warranty and Disclaimer. Seller warrants that Products shall be free of defects in material and workmanship for a period of thirty (30) days from the date of Seller’s original invoice for the Products. This warranty is limited to the original purchaser of such Products and is non-transferable. All requests relating to this warranty and/or claims relating to this warranty must be directed to the original place of purchase. Seller will repair or replace, at its option, any genuine Product accompanied by an order number that, in Seller’s sole judgment, is determined to be defective in materials or workmanship under normal use. Seller’s obligations hereunder are limited to such repair or replacement. No cash reimbursement will be made. All parts submitted for warranty consideration must be returned with all transportation expenses prepaid. All Products replaced become the property of the Seller. WITH THE EXCEPTION OF THE LIMITED 30 DAY WARRANTY DESCRIBED HEREIN, SELLER DISCLAIMS ANY OBLIGATION OR LIABILITY WITH RESPECT TO THE PRODUCTS OR THEIR SALE AND USE, AND SELLER NEITHER ASSUMES NOR AUTHORIZES THE ASSUMPTION OF, ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCTS. THIS DISCLAIMER INCLUDES ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY RESPECTING THE PRODUCTS OR ANY PARTS OR COMPONENTS THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Liability Limitation. Seller’s total liability to Buyer for any claim arising hereunder shall not exceed the purchase price specified on the order confirmation and paid by Buyer. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR LIQUIDATED DAMAGES OR PENALTIES, INCLUDING CLAIMS FOR LOST REVENUE, PROFITS OR BUSINESS OPPORTUNITIES, EVEN IF SELLER HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
10. Entire Agreement. This Agreement constitutes the final and entire agreement among the Parties with respect to the subject hereof. Any statement of Seller, Seller’s sales representative, or any agent of seller or any different or additional terms and conditions of other order form(s) submitted by Buyer respecting the Products or the order shall be given no force or effect unless it has been accepted and signed by Seller’s authorized representative.
11. General Provisions. Any amendment, addendum, or revision to this agreement shall be valid only if in writing and signed by the Parties. This Agreement constitutes a personal contract and the Buyer shall not transfer or assign the Agreement or any part thereof without the prior written consent of the Seller. In the event that litigation, judicial process or any other action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs. Each party hereto acknowledges and represents that he has fully and carefully read this Agreement and is executing this Agreement as a free and voluntary act. This Agreement shall be deemed to have been drafted mutually between the Parties. Any ambiguity shall not be construed or interpreted against either party. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the Parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Any action between the Parties shall be venued in the State of California.
12. WARNING. Extreme care must be exercised when using or handling magnets. Do not use sharp metal objects to open packaging; cutting utensils may get out of control if they are made of ferrous metals. Always keep magnets away from any sort of magnetic media storage device, including desktop or laptop computers, VHS tapes, iPod’s and credit cards. People with pacemakers must absolutely not be anywhere near a magnet let alone handle them. If you or someone in your household has a PACEMAKER, please ask your doctor about possible risks before purchasing these magnets.
13. Typographical Errors. In the event an item is listed at an incorrect price due to a typographical error, Zen Magnets LLC shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Zen Magnets LLC retains the right to refuse or cancel any such orders whether or not the order has been confirmed or the credit card has been charged. If a credit card has already been charged for the purchase and the order is canceled, Zen Magnets, LLC shall issue a credit to your credit card account in the amount of the incorrect price.